Middle East Legal Resources - Legal Advice Middle East

A debtor fails many times to pay the loan, what to do?

Q: Hi, It is a bit complicated situation. I gave a loan of AED100.000 to a friend through a bank transfer to run a restaurant business. He told me that he will own the business soon and will renew the license and other staff insurances and visas. He was working as an employee there but he has an arrangement with a local owner to make him a partner. He agreed on paper to all the terms and conditions which also state that if he is unable to pay the monthly agreed amount, he has to return the full amount. I only have recovered 34.000 over the last 8 months. I have valid cheques of AED45,000 which I have not presented yet as I am trying to recover the unsecured amount of AED55,000. He is not giving a balanced cheque. Recently I put pressure on him. He signed on a white paper along with his Emirates ID number with the date and time to refund me through 10.000 weekly but he has failed to do so. What options do I have?

The employer absconded before executing a labor case judgment. What to do?

Q: Dears, I had a labor case against my employer. The court of the first instance in DXB ruled in my favor in Dec 2018. The court awarded me Aed140,000.00 which was unpaid salaries & EOSB. Subsequently, I had filed for execution after a 1-month appeal period, but the owner deliberately fled (absconded) to India without paying a penny before execution filing. He liquidated whatever he had in the UAE. I would request to know the solution for the below queries: 1) Is the labor judgment executable in India (he has assets in India)? 2) If so, what are the procedures involved? 3) Is there an option to approach Interpol to get the person accountable since he has willfully defaulted on payments & salaries? 4) Should I approach a law firm to go through a debt collection agency? Requesting your positive response. Thanks!

Can a company owner create a logo for many brands of his company?

Q: Hi, I own a free zone company and have activities like general trading, advertising, placement service and import/export. My question is can I have one main company logo and four different logos for individual activities for marketing purposes?

Can the employer ask the employee to pay visa expenses upon finishing contract?

Q: My two-year contract will expire in July 2021, and I resigned in January with a six-month notice period, as required by company policy. However, after I’ve sent the resignation letter, they`ve asked me to pay for my visa. They told me I needed to work for at least 5 years to cover all of the recruiting costs, which was sadly stipulated in my employment contract. As per my knowledge, employers are not permitted to reimburse any recruitment/visa expenses from employees. Furthermore, I will complete my 2 years contract so why do I need to pay it.

What to do if the company does not renew your visa upon expiry?

Q: Hi, My visa is already expired and I didn`t renew it and until now. My company didn`t cancel my visa and they are telling me they don`t have the money yet to pay for my fine and cancellation. What will I do? They gave me a PDC cheque also for my gratuity, is it legal and fair? Please help.

The calculation of gratuity after 7 years in an unlimited contract

Q: Hi, For an employee who has finished 7 years, the gratuity would be calculated on 30 days` basic pay, or would it be 21 days for the first 5 years and subsequently to be taken as 30 days after 5 years or more? The above query is based on the fact that the employee is on an unlimited contract. It would be very kind if you could clarify in compliance with the UAE labor law. Many Thanks!

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What to do if the phone company provider stopped working without notice?

Q: In our company, sim cards du connection are not working last two days without any information. I need help to recover the business loss.

How to follow up with labour execution if the employer remained unresponsive?

Q: The employer remained unresponsive after serving the court execution timeline. What are the options or measures that I can do at this point?

Terminating a limited contract by an employee after stamping the visa

Q: I got my annual vacation in April. My latest visa is going to expire in Aug 2021. Before I take my annual vacation, my employer put a condition that if I will sign the other contract, he will allow me to have a holiday before the end of the contract. I signed the MOL contract but still, my visa is not pasted on my passport and I have changed my mind not to continue with the same company. What should I do? Am I still able to change my company or I need to complete another contract with the same company which is 2 years of the contract? A contract category is a limited contract. Please give a suggestion!

Validity of the non-competition clause in employment contracts

Q: Dear Madam I am under a limited employment visa. In my appointment letter, my employer mentioned: "Special term - that you agree not to take any employment with any other company based in the UAE during the contract period and that you will understand not to seek any employment in the UAE for a period of 2 years from the date of termination, resignation or completion of your service without the prior approval of the company." The situation at that time is I signed this letter and when I asked for a copy he said copies are not given to employees. Now please tell me that if I resigned, am I really not allowed to work with other companies for two years in the UAE? And what if I don`t want to serve 3 months notice period. He also took my original educational certificates and my passport. How can I get them?

What to do if I lost my job due to COVID-19 and have credit card and loan?

Q: I have 3 credit cards and a loan. Now I have resigned from my job due to the Covid issue and last year there is a deduction of my salary and unpaid leave. How will I handle this situation?

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How can I deal with a criminal case for bank loan and bounced cheque?

Q: Good evening sir I have a cheque bounce case for my personal loan. The bank deposited the security cheque for the amount of 430,000 and the case was reported in Jebel Ali police station on 24/06/2018. Now the case penalty has been referred to the court of Misdemeanor & Violations. Could you advise how I need to proceed further?

How to defend the labour case in appeal after winning the first instance decision

Q: Dear Lawyers, I would like to bring to your kind attention that a month back I have won a case against my employer of AED 120,000. After 10 days of the first instance decision, my employer had filed an appeal. In the appeal, he has mentioned that he was not given a fair chance to explain the appointed expert. He wants to reopen the case and refer it to the same expert and explain to him all the important points which he missed. The court has given the first hearing date of appeal. My question is that can the judge dismiss his appeal after the first hearing as his appeal is based on some ridiculous charges on me? I would like to avail your respective services to handle this appeal. Please advise how much will be your charges for the above-mentioned issue. Looking forward to hearing from you guys soon. Regards.

How to register many logos of many products for one company?

Q: Hi everyone, I have a free zone license which has four activities such as General Trading - Advertising - Import/Export - Placement services. My question is, can I have one logo for the main company license and have four different logos for each activity?

Appealing a claim of less than AED 20K by the employer, what to do?

Q: Hello, I and four others filed a labor complaint due to unlawful termination against our former company last year. We each got a favorable result/judgment earlier this year and our cases moved to the execution phase. Each of us has a claim of below AED20k. It is our understanding that any claim below AED20k can`t be appealed. However, our former company filed a labor appeal against each of us. How come they were able to do that? Also, we were just informed that the execution for our cases stopped due to the labor appeal. We were given the option of filing a legal memorandum. What is it? And what would it do for our cases? Our former company is in operations and hiring again. How come? How many times do we have to file for blocks on trade license, etc.?

Clearing a cheque bounce case by the bank and cancel jail term from outside the UAE

Q: Hi, Now I’m in India since 2018 and have a cheque case in the UAE (Amount AED 350000). I had given ‘X’ party a cheque and they discounted from the bank, but the bank has filed a case under my name and X party holder name. During my absence, the court has already judged 18 months in jail. So how can I clear the case with the use of a POA without my presence?

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